United States v. Sharp

DAVID A. NELSON, Circuit Judge. Under 21 U.S.C. § 844(a), a person convicted of simple possession of more than five grams of crack cocaine is subject to imprisonment for not less than five years and not more than 20 years. Because the maximum term exceeds one year, the crime is classified as a felony under 18 U.S.C. § 3559(a). Simple possession of crack cocaine is punishable by imprisonment for not more than one year, however, and is thus only a misdemeanor, if the amount possessed does not exceed five grams and if the defendant has no prior federal drug convictions.